2009S0063-1 01/12/09
 
  By: Lucio S.B. No. 569
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a school district policy concerning the use of school
  counselors' work time.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.006, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In accordance with rules adopted by the commissioner,
  the board of trustees of each school district shall adopt a policy
  that requires a counselor to spend not more than 10 percent of the
  counselor's total work time on duties that are not components of a
  counseling or guidance program developed under Section 33.005. For
  purposes of this subsection, time spent in administering assessment
  instruments or providing other assistance in connection with
  assessment instruments, except time spent in interpreting data from
  assessment instruments, is not considered time spent on counseling
  or guidance. Each school in the district shall implement the
  policy. A copy of the policy shall be maintained in the office of
  each school in the district and made available on request during
  regular school hours to district employees, parents of district
  students, and the public.
         SECTION 2.  Section 39.074, Education Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Before an investigation, the commissioner shall request
  that the district scheduled for the investigation assess the
  district's compliance with the policy adopted under Section
  33.006(c) and provide a written copy of the assessment to the
  investigators on or before the date specified by the commissioner.  
  As part of each investigation, the investigators shall interview a
  percentage of district counselors determined by the commissioner to
  assess the district's compliance with the policy adopted under
  Section 33.006(c).  The commissioner shall adopt rules to implement
  this subsection.
         SECTION 3.  (a)  Each school district shall implement a
  policy adopted under Subsection (c), Section 33.006, Education
  Code, as added by this Act, beginning with the 2009-2010 school
  year.
         (b)  Subsection (g), Section 39.074, Education Code, as
  added by this Act, applies beginning with the 2009-2010 school
  year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.